Understanding the Abstraction-Filtration-Comparison Test in Copyright Law

Q: How does this test differ from other copyright assessments?

This test specifically focuses on the non-literal elements of programs, unlike other tests that may consider overall impression.

Q: Can I use this test for any type of software?

Yes, it applies to various types of software and programs, particularly in copyright infringement cases.

Definition & Meaning

The abstraction-filtration-comparison test is a legal method used to assess whether two computer programs are substantially similar in their non-literal elements. This test is primarily applied in copyright infringement cases. It involves breaking down a computer program into various levels of abstraction, filtering out unprotected elements, and then comparing the remaining protected elements with those of the allegedly infringing program to determine if there has been misappropriation.

Table of content

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

Example 1: A software company develops a unique application for managing personal finances. Another company releases a similar application that closely resembles the protected features of the original. In this case, the original developer may use the abstraction-filtration-comparison test to argue that their program's protected elements were copied.

Example 2: A game developer creates a new video game with unique gameplay mechanics. If a competitor releases a game that appears to replicate those mechanics, the original developer may employ the test to demonstrate that substantial similarities exist between the two games. (hypothetical example)

Comparison with related terms

Term	Definition	Key Differences
Substantial Similarity	The degree to which two works are alike in a way that is legally significant.	Focuses on overall impression rather than specific elements.
Copyright Infringement	The unauthorized use of copyrighted material.	Infringement claims may not always involve the abstraction-filtration-comparison test.

What to do if this term applies to you

If you believe your software or program has been copied, consider the following steps:

Document your original work and any evidence of copying.
Consult with a legal professional who specializes in copyright law.
Explore US Legal Forms for templates that may assist you in filing a copyright infringement claim.
Be prepared to provide detailed comparisons of the programs involved.

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Quick facts

Typical use: Copyright infringement cases
Key focus: Non-literal elements of programs
Legal standard: Substantial similarity
Potential outcomes: Cease and desist, damages

Key takeaways

Frequently asked questions

What is the purpose of the abstraction-filtration-comparison test?

It is used to assess whether two programs are substantially similar in their protected elements.